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24 Cards in this Set
- Front
- Back
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First Amendment Clauses (5)
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-Establishment Clause: freedom FROM religious freedom
-Free Exercise Clause: freedom to PRACTICE religion -Petition Clause: right to peacefully assemble and petition gov't for redress of grievances -Free Speech Clause: freedom of expression -Free Press Clause: freedom for the press as an institution |
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Four possibilities when presented with a precedent
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follow
distinguish modify overturn |
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amicus brief
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an argument filed in an appellate court by parties not directly involved in the litigation
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stare decisis
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"let the decision stand." follow precedent when possible
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The Sedition Act of 1798
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Gave government increased powers to detain and deport noncitizens and criminalized the dissemination of some kinds of criticisms of the government.
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Espionage Act of 1917
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Federal Law from WWI that criminalized criticizing the government or war effort
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Schenck v US
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birth of the clear and present danger test; shouting fire in a crowded theater metaphor
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Abrams v US
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marketplace of ideas
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Gitlow v New York
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First Amendment now applies to states
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Brandenburg Test
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imminent lawless action.
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First Amendment Clauses (5)
|
-Establishment Clause: freedom FROM religious freedom
-Free Exercise Clause: freedom to PRACTICE religion -Petition Clause: right to peacefully assemble and petition gov't for redress of grievances -Free Speech Clause: freedom of expression -Free Press Clause: freedom for the press as an institution |
|
|
Four possibilities when presented with a precedent
|
follow
distinguish modify overturn |
|
|
amicus brief
|
an argument filed in an appellate court by parties not directly involved in the litigation
|
|
|
stare decisis
|
"let the decision stand." follow precedent when possible
|
|
|
The Sedition Act of 1798
|
Gave government increased powers to detain and deport noncitizens and criminalized the dissemination of some kinds of criticisms of the government.
|
|
|
Espionage Act of 1917
|
Federal Law from WWI that criminalized criticizing the government or war effort
|
|
|
Schenck v US
|
birth of the clear and present danger test; shouting fire in a crowded theater metaphor
|
|
|
Abrams v US
|
marketplace of ideas
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|
|
Gitlow v New York
|
First Amendment now applies to states
|
|
|
Brandenburg Test
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imminent lawless action.
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Functions of Free Speech (7)
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-truth seeing
-self governing -checking -safety valve -self fulfillment -societal self definition |
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prior restraint
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a law, executive order or judicial decree prohibiting communicative conduct before it occurs (rather than punishing it after it occurs)
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Ad hoc balancing
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method of First Amendment adjudication that balances, on a case-by-case basis, free speech interests against whatever competing interests are involved
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criticisms of the functions of free speech
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-opiate
-right to complain is not as important as the power to change things -media cannot afford to offend us so the marketplace of ideas is very narrow -free speech is not more important than equality |
